HomeMy WebLinkAboutJ & D Family Major Subdivision Findings of Fact and Order No. P-10001.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Chris Saunders, Planning Director
Chris Kukulski, City Manager
SUBJECT: J & D Family Major Subdivision (#P-10001)
Findings of Fact and Order
MEETING DATE: July 19, 2010
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of the J & D Family Major Subdivision.
BACKGROUND: On May 17, 2010 the City Commission held a public hearing on an
application for preliminary plat approval for the J & D Family Major Subdivision. The
Commission approved the proposed subdivision, subject to conditions and code provisions to
ensure the final plat would comply with all applicable regulations and all required criteria. State
law provides that the governing body shall “provide a written statement to the applicant detailing
the circumstances of the condition imposition.” The statement must include: 1) the reason for
the condition imposition; 2) the evidence that justifies the condition imposition; and 3)
information regarding the appeal process for the condition imposition.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact as drafted.
2) Approval of the Findings of Fact with modifications.
3) As determined by the City Commission
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected with issuance of building permits for
individual lots along with City sewer and water connection fees. As no residential development
will occur with the filing of this subdivision plat there is no requirement for parkland dedication
as part of this application.
Attachment: Findings of Fact
Subdivision Preliminary Plat
Report compiled on: July 12, 2010
22
J & D Family Major Subdivision – Findings of Fact and Order 1
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
J & D FAMILY LIMITED PARTNERSHIP FOR AND ORDER
PRELIMINARY PLAT REVIEW OF J & D FAMILY
MAJOR SUBDIVISION, CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified
Development Ordinance, public hearings were scheduled, after notice given, before the Bozeman
Planning Board on May 4, 2010, and before the Bozeman City Commission on May 17, 2010, on the
above-entitled application. The applicant presented to the City Commission a proposed preliminary
plat to subdivide 39.17± acres and create 1 neighborhood commercial lot, 4 community commercial
lots, 2 common area lots, 1 residential high density lot for further subdivision and development, and
the remaining area as open space, public streets and future parklands.
The application for preliminary plat review includes a request by the applicant for variances to
Section 18.42.040.B “Block Length” of the Bozeman Municipal Code, to exceed the maximum block
length of 400 feet; and to Section 18.42.040.C “Block Width”, to exceed the maximum block width of
400 feet.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required environmental assessment and recommendation of
the Planning Board, to determine whether the plat should be approved, conditionally approved, or
disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters having
23
J & D Family Major Subdivision – Findings of Fact and Order 2
come before it regarding this application, the City Commission makes the following Findings of Fact,
as required:
FINDINGS OF FACT
I.
The application for preliminary subdivision plat review and approval to create a Major
Subdivision on 39.17± acres was submitted to the City of Bozeman Department of Planning and
Community Development by Big Sky Land Consulting, PLLC, on February 23, 2010. The subject
property is legally described as tract of land located in the NE¼ SE¼ excepting therefrom a strip of
land 41 feet in width off the east side of said NE¼ SE¼ all in Section 9, T2S, R5E, P.P.M., City of
Bozeman, Gallatin County, Montana. The property is annexed with a zoning designation of R-4
(Residential High Density District), B-1 (Neighborhood Business District) and B-2 (Community
Business District).
The application was originally received on February 1, 2010. The application was deemed
unacceptable for initial review on February 10, 2010. The preliminary plat was resubmitted on
February 17, 2010. On February 23, 2010 the application was deemed acceptable for initial review.
On March 10, the Development Review Committee found that the preliminary plat application and
required elements containing detailed, supporting information was deemed adequate for continued
review.
II.
On March 5, 2010 the consulting firm of Big Sky Land Consulting, PLLC, representing J & D
Family Limited Partnership, granted an extension to the statutory 60-day review period to consider
modifications to the preliminary plat application and to adjust the public hearing dates before the City
of Bozeman Planning Board and City Commission.
24
J & D Family Major Subdivision – Findings of Fact and Order 3
III.
Notice of public hearings before the City of Bozeman Planning Board and before the Bozeman
City Commission were published in the Bozeman Daily Chronicle on April 18, 2010 and April 25,
2010, and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all
adjoining property owners within 200 feet of the subject property on April 16, 2010.
IV.
The City of Bozeman Planning Board held a public hearing on May 7, 2010. The Planning
Board found that the application was properly submitted and reviewed under the procedures of the City
of Bozeman Unified Development Ordinance, Title 18, BMC.
The Planning Staff reviewed the staff report and the evidence which justified the imposition of
conditions, and discussed the recommended conditions of the Development Review Committee and
local review agencies, applicant’s request for variances to the Unified Development Ordinance, history
of annexation and rezoning of property, physical features, phasing of the subdivision, wetlands,
floodplain boundaries, future parkland dedication, trials, transportation improvements, street
alignments, and storm water runoff facilities.
The Planning Staff reported that no written public testimony on the matter of the preliminary
plat application was received by the Planning Office.
Tom Henesh, Big Sky Land Consulting, and Joe Billion, representing J & D Family Limited
Partnership, discussed the history of creating the commercial node for the proposed subdivision,
development of the individual subdivision lots for auto dealerships, infrastructure and street
improvements, and available sewer capacity.
The Planning Board then opened the public hearing on said matter with no members of the
general public providing testimony. Seeing no public comment forthcoming, the public comment
portion of the hearing was closed.
25
J & D Family Major Subdivision – Findings of Fact and Order 4
V.
The members of the Planning Board discussed the requested variances to the Unified
Development Ordinance, street alignments, trail improvements, pedestrian crossings, street lighting,
sewer capacity, site grading and improvements to North Cottonwood Road.
The members of the Planning Board then considered amendments to a motion of conditional
approval with the recommended conditions of approval presented by the Planning Office regarding
requested variances to Bozeman Municipal Code, pedestrian circulation, trail improvements,
improvements to North Cottonwood Road, and finish floor grade for each subdivision lot.
After reviewing the staff recommendation, hearing the applicant’s presentation, public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and reviewed
under the procedures of the City of Bozeman Unified Development Ordinance, Title 18, BMC, and the
adopted growth policy, the Planning Board moved to recommend conditional approval of the
preliminary subdivision plat application with conditions recommended by the Planning Staff and
granting the variances to Section 18.42.040.B and 18.42.040.C with an amendment to condition #9 to
strike the words “or commercial building” and add condition #33 to require a 30-foot dedicated trail
easement from Automotive Drive to Cottonwood Road.
VI.
The Planning Board found that with the recommended conditions as outlined in the staff report,
amending condition #9, addition of condition #33 to require a 30-foot wide trail easement, and that the
subdivision would comply with the primary review criteria, and therefore voted 6-0 to forward a
recommendation of conditional approval to the Bozeman City Commission as set forth in Planning
Resolution No. P-10001.
26
J & D Family Major Subdivision – Findings of Fact and Order 5
VII.
The matter of preliminary plat review of J & D Family Major Subdivision was considered at a
public hearing before the City Commission on Monday, May 17, 2010.
The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation with regard to the requested variances to Bozeman Municipal Code and
recommendation of conditional approval of the preliminary plat application as set forth in Planning
Resolution #P-10001.
The Planning Staff then answered questions of the City Commission regarding street lighting,
stream mitigation, future trials, GVLT recommendations, subdivision lot boundary lines, and speed
limits related to street lighting.
Tom Henesh of Big Sky Land Consulting, PLLC, consultant for J & D Family Limited
Partnership, commented he is opposed to condition twenty-three to build improvements to North
Cottonwood Road with phase one and requested that the improvement to North Cottonwood Road be
required with phase two.
Joe Billion, applicant and representative for J & D Family Limited Partnership discussed the
development of this commercial node and the phasing of the subdivision for development of the
individual subdivision lots for auto dealerships.
VIII.
The public hearing portion on this matter was then opened to hear public testimony on the
matter with no members of the general public offering comment on the matter of the preliminary plat
application.
Seeing no public comment forthcoming, the public comment portion of the hearing was closed.
The City Commission considered the staff report prepared by the Planning Staff and
Development Review Committee, and the recommendation of the Planning Board and then discussed
27
J & D Family Major Subdivision – Findings of Fact and Order 6
street lighting, improvements to North Cottonwood Road, requested variances to Bozeman Municipal
Code, and pedestrian trail improvements.
IX.
The City Commission then considered the minutes of the Planning Board meeting, Resolution
of the Planning Board, Planning Office staff report, public record, the developer's testimony, and
weighed the proposed subdivision against the primary criteria for consideration of subdivisions
established in Title 76-3-608, and found as follows:
A. Primary Review Criteria
1. Effects on Agriculture
The property has been previously annexed and, while a significant portion has remained under
cultivation, has been zoned and master planned for residential and parks uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities have been identified for this project.
3. Effects on Local Services
The Bozeman Community Plan identifies this property as lying within the “Capital Facilities
Overlay District” (Figure 6-2). The “Capital Facilities Overlay District” is intended to establish
a priority area for development within the larger scope of the Bozeman Community Plan future
land use plan. This is an area within the long-range growth area of the City where services
would be most efficiently provided in the near term and where development in the near term
would advance the goals of the Community Plan.
Water/Sewer. Water and sewer main extensions and upgrades will be required to serve this
development. Therefore, the standard code requirements apply, including the requirements for
plans and specifications, detailed design reports, and engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings applies.
No building permits will be issued prior to substantial completion and City acceptance of
required water and sewer infrastructure improvements.
Pursuant to section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the
boundary of the subdivision to provide future service to adjoining undeveloped land.
Police/Fire. The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineering Division prior
to filing of the final plat to facilitate fire and police response to the site.
In November of 2006, the City Commission adopted the Bozeman Fire Protection Master Plan.
The Fire Master Plan identified current and future service delivery deficiencies and outlined
timetables for future facilities and staffing to address the growing community. The plan does
not identify any specific improvements required with this development.
28
J & D Family Major Subdivision – Findings of Fact and Order 7
Streets. Several new and existing street improvements will be required to accommodate this
development. This includes improvements to West Babcock Street, Fallon Street, and
Cottonwood Road as analyzed in the Traffic Impact Study (TIS) completed for this project by
Abelin Traffic Services.
The standard code requirements apply, including the requirements for plans and specifications,
detailed design reports, and engineering services for construction inspection, post-construction
certification and preparation of mylar record drawings. No building permits will be issued prior
to substantial completion and City acceptance of required street infrastructure improvements.
Stormwater. The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer and Planning Office, will be required as part of the
infrastructure plan and specification review process. Provisions for routing of major storm
events (100 year) either through pipe, surface flow, or a combination thereof shall be provided
for any major drainage courses that are being cut off.
Parks/Trails. No dedicated public parkland is required with this commercial preliminary plat
application as residential lots are not proposed at this time. The Parks, Recreation, Open Space
& Trails Plan (PROST) identifies the need for a public trail network along the Baxter Creek
watercourse corridor in this area.
The Recreation and Parks Advisory Board (RPAB) and Gallatin Valley Land Trust (GVLT)
reviewed the proposal in October of 2009 and generally recommends approval of a public
linear park and trail system along the west side of Baxter Creek with future development of the
residential component of the property. The RPAB and GVLT recommended that with this
preliminary plat application that the developer install an east-west public trial and bridge that
will connect with residential development to the west of the water course. Both advisory
bodies recommended support of the block length and width variances requested by the
applicant.
Utilities. The subdivider will be responsible to extend power, cable and phone utilities to the
subdivision location. Private utilities are in the vicinity, but extensions will be needed. The
preliminary plat shows utility easements being provided along the alleyways and in the fronts
of the lots without alley access. Letters from the applicable utility companies, excluding
Qwest, were provided indicating that service can be provided to this new development.
4. Effects on the Natural Environment
As required, an approved noxious weed management and re-vegetation plan was provided with
the preliminary plat application (see Section 8 of the applicant’s submittal materials). A
Memorandum of Understanding must be entered into with the County Weed Board prior to
submittal of the final plat.
The location of the wetlands and significant vegetation are located in subdivision has already
been discussed by staff. The City Wetland Review Board (WRB) has reviewed the proposed
impacts to the non-jurisdictional wetlands and is generally in favor of the proposed subdivision.
No specific conditions related to the site were recommended by the WRB to mitigate any
potential impacts of the development on the wetland areas.
All roadway crossings of the Baxter Creek and Baxter Ditch and associated wetland areas will
occur only with the approval of 310 and/or 404 Permits from the Gallatin County Conservation
District and the Army Corp of Engineers. Groundwater quality will be protected by the
installation of municipal sewer systems.
29
J & D Family Major Subdivision – Findings of Fact and Order 8
Finally, the applicants provided a letter from the State Historic Preservation Office regarding
cultural resources on the subject property. The letter from SHPO indicates that there is a low
likelihood that cultural properties will be impacted. The applicant also contracted with Anthro
Research to conduct a cultural resource survey of the property. The study indicated that no
evidence of cultural resources was found. Staff is recommending a condition requiring that
should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall
cease.
5. Effects on Wildlife and Wildlife Habitat
According to the preliminary wildlife assessment there are no known endangered species or
critical game ranges on site. Deer are commonly seen on the property along with small animals,
rodents and birds. Comments by the Montana Department of Fish, Wildlife and Parks have
been received and only include generic subdivision comments that relate to impacts to the local
waterways from road building, drainage within the subdivision and sediment release due to
construction disturbance. The required permitting for the roadway crossings and for any
wetland fill or sediment discharge to local waters should prevent of mitigate any impacts to
local waters.
Staff is recommending a condition that should any species of concern, as defined by the
Montana Natural Heritage Program, be discovered on-site during construction, the Montana
Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be
contacted immediately and construction activities shall cease.
6. Effects on Public Health and Safety
The intent of the regulations in the Title 18 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the Bozeman
Development Review Committee (DRC) which has determined that it is in general compliance
with the title. Any other conditions deemed necessary to ensure compliance have been noted
throughout this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a preliminary plat in accordance with the state statute
and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
Planning Staff Code Provisions:
a. 18.04.050 - Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is
due with each final plat of the major subdivision.
b. 18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for
not more than one calendar year for minor subdivisions, two years for single-phased major
subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date,
the developer may submit a letter of request for the extension of the period to the Planning
30
J & D Family Major Subdivision – Findings of Fact and Order 9
Director for the City Commission’s consideration. The City Commission may, at the written
request of the developer, extend its approval for no more than one calendar year, except that the
City Commission may extend its approval for a period of more than one year if that approval
period is included as a specific condition of a written subdivision improvements agreement
between the City Commission and the developer, provided for in §18.74.060, BMC.
c. 18.42.060.B.1.a “Private Utilities” – The final plat and property owner’s association documents
shall contain a note stating that if a utility easement is greater than the building setback required
by the Title 18 of the B.M.C. said easement shall apply.
d. 18.42.100.B.5 “Watercourse Setbacks” and “Exceptions” – On-site stormwater treatment
facilities may be placed only in Zone 2 of the 50-foot setback which consists of 40% of the
setback furthest from the high water mark of the watercourse and associated wetlands, or last
20 feet of the setback.
e. 18.42.100.C.1 “Other Provisions” – The watercourse setback shall be depicted on all
preliminary and final plats and plans.
f. 18.44.010.A. “Streets” - When a proposed development adjoins undeveloped land, and access
to the undeveloped land would reasonably pass through the new development, streets within the
proposed development shall be arranged to allow suitable development of the adjoining
undeveloped land. Streets within the proposed development shall be constructed to the
boundary lines of the tract to be developed, unless prevented by topography, or other physical
conditions, in which case a subdivision variance must be approved by the City Commission.
g. 18.44.120 “Public Transportation” – Any interior and exterior development streets that are
designated as transit routes shall be designed to accommodate transit vehicles and facilities.
The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall
locate, design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the
Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code.
h. 18.42.050, utilities shall be placed underground, wherever technically and economically
feasible. If overhead utility lines are used, they shall be placed along the rear property line.
i. 18.42.080.H “Grading and Drainage” - All stormwater retention/detention facilities shall be
landscaped and designed as landscape amenities as outlined in 18.42.080 and 18.48.020.L,
BMC with typical cross section, grading plans and landscape details for each facility submitted
with the final plat application and landscape plan for review and approval, prior to Final Plat
approval.
j. 18.42.120, if mail will not be to each individual lot within the development, the developer shall
provide an off-street area for mail delivery within the development in cooperation with the
United States Postal Service. It shall not be the responsibility of the City to maintain or plan
any mail delivery area constructed within a City right-of-way.
k. 18.42.150.C “Lighting” – all street lighting shall be operated and maintained through the
creation of a new SLID and shall be submitted to the City of Bozeman within 2 months of
preliminary plat approval. Subdivision lighting SLID information shall be submitted to the
Clerk of Commission after preliminary plat approval in hard copy and digital form. Said SLID
must be adopted by resolution prior to submitting for final plat approval. Note that the
proposed fixture appears to not be a full “cutoff” shielded fixture based on the information
provided. This will need to be addressed with the final plat application.
31
J & D Family Major Subdivision – Findings of Fact and Order 10
l. 18.48.050. E “Street Frontage Landscaping Required” – verification of the existing and
proposed private utilities and easements will need to be confirmed prior to final plat approval to
determine placement of boulevard trees in relationship to the public right-of-way and utility
easements.
m. 18.48.050.L “Maximum Allowable Slope or Grade” – The finish grade of all landscape areas
shall not exceed a slope of 25% grade (4 run : 1 rise).
n. 18.50.080.D “Storm Water Detention/Retention Ponds” – The park and open space master plan
shall provide a grading and landscape plan for any storm water facilities located in dedicated
parklands or open space areas. Maximum grading of said facilities and design shall be such
that the facility serves as a landscape feature and further complies with 18.48.050.L “Maximum
Allowable Slope or Grade” of the U.D.O.
o. 18.50.090, executed waivers of right to protest creation of special improvement districts (SIDs)
for a park maintenance district shall be executed and submitted with the final plat to be filed
with the Gallatin County Clerk and Recorder at the time of final plat recordation.
p. Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all
external streets and adjacent to public parks or other open spaces. A landscape plan shall be
submitted, identifying the location and tree species to be installed by the developer, prior to
installation of the trees or by final plat, whichever comes first.
q. All improvements are subject to Chapter 18.74 “Improvements and Guarantees.” If it is the
developer’s intent to file the plat prior to the completion of all required improvements, an
Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the preliminary plat submittal information
and conditions of approval. If the final plat is filed prior to the installation of all improvements,
the developer shall supply the City of Bozeman with an acceptable method of security equal to
150 percent of the cost of the remaining improvements.
r. 18.72.020 “Property Owners Association” - Covenants, restrictions, and articles of
incorporation for the creation of a property owners’ association shall be submitted with the
final plat application for review and approval by the Planning Office and shall contain, but not
be limited to, provisions for assessment, maintenance, repair and upkeep of common open
space areas, public parkland/open space corridors, fencing stormwater facilities, public trails,
snow removal, street lighting, street boulevards, and other areas common to the association
pursuant to Chapter 18.72 of the Bozeman Municipal Code.
1. These documents shall include a common area and facility maintenance plan and
guarantee for the permanent care and maintenance of open spaces, recreational areas,
stormwater facilities and parking lots in accordance with Chapter 18.72 or the Bozeman
Municipal Code.
2. These documents shall be submitted to the city attorney and shall not be accepted by the
city until approved as to legal form and effect. A draft of these documents must be
submitted for review and approval by the Planning Department at least 45 working days
prior to filing and recordation with the Gallatin County Clerk and Recorder.
3. These documents shall be executed and submitted with the final plat to be filed with the
Gallatin County Clerk and Recorder at the time of final plat recordation.
s. Section 18.78.040.H “Phased Improvements” – The preliminary plat identifies the phasing of
the subdivision with diagonal crosshatches that is inappropriate with the final plat. The final
32
J & D Family Major Subdivision – Findings of Fact and Order 11
plat will need to clearly delineate each phasing boundary line within the subdivision with the
approximate area of each phase shown on the final plat for review and approval.
t. The final plat must be in compliance with all requirements of Section 18.78.070 “Final Plat,”
including, but not limited to the following items:
1. Section 18.78.070.C states that a Memorandum of Understanding shall be entered into
by the Weed Control District and the subdivider for the control of county declared
noxious weeds and a copy provided to the Planning Department prior to final plat
approval.
2. The final plat submittal shall include all required documents, including certification
from the City Engineer that as-built drawings for public improvements were received, a
platting certificate, and all required and corrected certificates. The final plat application
shall include four (4) signed reproducible copies on a stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3½-inch floppy disk
or compact disk; and five (5) paper prints.
3. Final Park Plan. For all land used to meet parkland dedication requirements, a final park
plan shall be submitted to the City of Bozeman for review and approval prior to final
plat. The installation of any park improvements to meet minimum development
standards or conditions of approval shall comply with Chapter 18.74, BMC. The final
park plan shall be reviewed and approved by the City Commission, with a
recommendation from the Bozeman Recreation and Parks Advisory Board. The final
park plan shall include all of the information listed in §18.78.060.P of this chapter.
4. Irrigation System As-Builts. The developer shall provided irrigation system as-builts,
for all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts shall
include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains and control box.
s. Stormwater Master Plan:
A Stormwater Master Plan for this phase of the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized detention/retention basin location, show
location of and provide easements for adequate drainage ways within the subdivision to
transport runoff to the stormwater receiving channel. The plan shall include sufficient site
grading and elevation information (particularly for the basin sites, drainage ways and finished
lot grades), typical stormwater detention/retention basin and discharge structure details, basin
sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for
runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common
open space, parks, etc.) shall not be located in easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
33
J & D Family Major Subdivision – Findings of Fact and Order 12
t. Plans and specifications and a detailed design report for water and sewer main extensions,
streets and storm drainage facilities, prepared by a Professional Engineer (PE) registered in the
state of Montana, shall be provided to and approved by the City Engineer. Water and sewer
plans shall also be approved by the Montana Department of Environmental Quality. The
Applicant shall also provide Professional Engineering services for Construction Inspection,
Post-construction Certification, and preparation of mylar Record Drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a pre-construction conference has been conducted. All
plans and specification shall comply with the current version (including all addenda) of the City
of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications Fifth Edition that have been
adopted at the time of approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements unless all of the requirements of Section
18.74.030.D of the Unified Development Ordinance are met to allow for concurrent
construction.
u. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall
be included on the final plat for the subdivision.
v. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
w. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted on the plans, as well as all nearby fire
hydrants and proposed fire hydrants.
x. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet
in width with the utility located in the center of the easement. In no case shall the utility be less
than 10 feet from the edge of the easement. All necessary easements shall be provided prior to
final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not
located under or accessed from improved streets, a 12 foot wide all weather access drive shall
be constructed above the utilities to provide necessary access.
y. Street names must be approved by the Gallatin County GIS office and City Engineering office
prior to final plat approval.
z. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
aa. The location of mailboxes shall be coordinated with the City Engineering Department prior to
their installation.
34
J & D Family Major Subdivision – Findings of Fact and Order 13
bb. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to plan and specification approval.
cc. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
dd. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
ee. All construction activities shall comply with Section 18.74.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this section
at any time during the construction to ensure any damages or cleaning that are required are
complete. The developer shall be responsible to reimburse the City for all costs associated with
the work if it becomes necessary for the City to correct any problems that are identified.
ff. Ditch relocation:
1. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
shall be obtained prior to FSP approval.
2. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
City Engineer’s Code Provisions:
1. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils,
grease and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site, drainage ways and finished lot grades), typical
stormwater detention/retention basin and discharge structure details, basin sizing calculations
and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for
runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common
open space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm retention facilities for each lot will be established based on
35
J & D Family Major Subdivision – Findings of Fact and Order 14
maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
2. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and
approved by the City Engineer and the Montana Department of Environmental Quality. The
Applicant shall also provide Professional Engineering services for construction inspection,
post-construction certification, and preparation of mylar record drawings. Construction shall
not be initiated on the public infrastructure improvements until the plans and specifications
have been approved and a pre-construction conference has been conducted. All plans and
specification shall comply with the current version (including all addenda) of the City of
Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications
To Montana Public Works Standard Specifications Fifth Edition that have been adopted at the
time of approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements.
3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall
be included on the final plat for the subdivision.
4. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
5. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP
approval.
6. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,
with the utility located in the center of the easement. In no case shall the utility be less than 10
feet from the edge of easement.
7. Project phasing shall be clearly defined including installation of infrastructure.
8. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
9. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
36
J & D Family Major Subdivision – Findings of Fact and Order 15
10. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this section
at any time during the construction to ensure any damages or cleaning that are required are
complete. The developer shall be responsible to reimburse the City for all costs associated with
the work if it becomes necessary for the City to correct any problems that are identified.
11. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
D. Compliance with the required subdivision review process.
The public hearings before the Planning Board and City Commission have been property
noticed as required by Title 18, BMC. The notice was mailed to all adjoining property owners
by certified mail and noticed in the Bozeman Daily Chronicle. Based on the recommendation
of the DRC and other applicable review agencies, as well as any public testimony received on
the matter, the Bozeman Planning Board shall forward a recommendation in a Resolution to the
Bozeman City Commission who will make the final decision on the applicant’s request.
E. Provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted accordingly on the
final plat for each phase.
F. Provision of legal and physical access to each parcel.
The proposed lots will gain access from the internal local street, Automotive Avenue that will
connect with the area’s transportation network and limited egress/ingress points onto North
Cottonwood Road. The final plat shall include a public access easement for all areas labeled as
“open space” and for all streets if they are not dedicated to the public in order to comply with
Section 18.44.090.B of the UDO.
X.
After considering all matters of record presented at the public hearings the City Commission
found that the proposed preliminary plat for J & D Family Major Subdivision, to subdivide 37.17±
acres and create 1 neighborhood commercial lot, 4 community commercial lots, 2 common area lots, 1
residential high density lot for further subdivision and development, and the remaining area as open
space, public streets and future parklands, would comply with the requirements of the Bozeman
Unified Development Ordinance and the Montana Subdivision and Platting Act if certain conditions
were imposed.
37
J & D Family Major Subdivision – Findings of Fact and Order 16
The City Commission moved to grant conditional approval of the preliminary plat application
to include the requested variances to Section 18.42.040.B and 18.42.040.C, Bozeman Municipal Code,
with said conditions listed in Planning Board Resolution #P-10001 and adopt the staff findings for the
subdivision preliminary plat application for the requested variances with Planning Board conditions.
The City Commission then moved to amend the main motion and strike condition #33
regarding a 30-foot wide public access easement and modify condition #12 to replace the words
Automotive Avenue with Cottonwood Road. The amendment passed 5-0.
The City Commission then moved to amend the main motion to modify the last sentence of
condition #23 to say “that all improvements to Cottonwood Road except the lighting shall be
completed in its entirety in phase one of the development with the lighting completed in their entirety
in phase two. The amendment passed 5-0.
XI.
The City Commission then considered the original motion to conditionally approve the
preliminary plat application for J & D Family Major Subdivision Planning Application #P-10001 to
include variances to Section 18.42.040.B and 18.42.040.C, Bozeman Municipal Code with said
conditions listed in the Planning Board Resolution and adopt the staff findings for the subdivision
application and both variance requests to Bozeman Municipal Code with the amendment to the main
motion to strike condition #33 and edit condition #12 to replace the works Automotive Avenue with
Cottonwood Road, and amend the main motion to change condition #23 to say in the last sentence:
“that all improvements to Cottonwood Road except the lighting shall be completed in its entirety in
phase one of the development with the lighting completed in their entirety in phase two.” The motion
passed on a vote of 5-0.
38
J & D Family Major Subdivision – Findings of Fact and Order 17
ORDER
IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat to
subdivide 68.912 acres and create 70 single-family household lots, 37 two-household lots, 1 multi-
family lot, 7 high density residential lots, a neighborhood center, and the remaining area as parkland,
open space, streets, and alleys known as Laurel Glen Subdivision, Phase 3 & 4, has been found to meet
the primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to
the conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions
imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all
required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate
infrastructure and public services are provided, and adequate public access, utility easements, and
rights-of-way are provided.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City Commission,
by following the procedures of Section 76-3-625, M.C.A.
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Final Subdivision Plats and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The Final Plat
application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
2. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code provisions
listed in the staff report have been satisfactorily addressed, and shall include a digital copy (pdf) of
the entire Final Plat submittal. This narrative shall be prepared in sufficient detail to easily direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The final plat shall show two distinct blocks and grouping of lot numbers using Automotive
Avenue as a dedicated street that bisects the property from north to south and creating two
appropriate blocks with individual groups of lots.
39
J & D Family Major Subdivision – Findings of Fact and Order 18
4. The applicant shall provide with the final plat application an updated utility plan exhibit confirmed
by NorthWestern Energy that shows the placement of all private utilities in relationship to the
construction of street boulevards and sidewalks along West Babcock Street, Fallon Street and
North Cottonwood Road to determine the final placement of all boulevard trees. The final
landscape plan for street boulevard trees shall reflect the location of all unities verified by
NorthWestern Energy to avoid installation of boulevard trees over public and private utilities.
5. The 100-year flood plain, wetlands, and water course setback boundaries (i.e., boundary only) must
be delineated on the final plat application.
6. The landscape plan, Exhibit L1 shall be revised to provide appropriate reference symbols and data
as outlined in 18.78.100.B and 18.78.100.C BMC as required for each individual species type of
boulevard trees and plantings proposed along the public streets, storm water facilities, mitigation of
Baxter Creek watercourse, and open space lots.
7. Landscape plans to improve the street median for North Cottonwood Road will need to be
landscaped and properly irrigated according to the Transportation Plan and Superintendent of
Streets. Typical landscape plans prepared by a certified nurseryperson will be necessary for review
and approval by the Street Department prior to submitting for final plat approval.
8. Water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash
in-lieu thereof will only be required for each phase of the subdivision that is being filed. The
applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount
determined by the Director of Public Service.
9. The property owner’s association documents shall contain language stating that all finished floor
elevations shall be a minimum of 18 inches above the top of the curb in front of each residence
building. This building restriction shall be addressed and demonstrated in the
covenants/development guidelines.
10. That the final plat contain a notation stating that all downstream water user facilities will not be
impacted by this subdivision and that it also be noted accordingly in the by-laws and protective
covenants for the property owners’ association.
11. That the final plat contain the following language that is readily visible with lettering, at a
minimum height of 3/16-inch, placing future landowners of individual lots on notice of the
presence of high groundwater in the area of the subdivision for review and approval by the
Planning Office:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial basements
be constructed without first consulting a professional engineer licensed in the State of Montana
and qualified in the certification of residential and commercial construction.”
12. The applicant shall provide a Class II public pedestrian and bicycle trail within a 30-foot wide
public access easement that connects Cottonwood Road with the future public trail corridor along
Baxter Creek. The final class and location of the trail, and possible need for a bridge, shall be
determined by the City of Bozeman Parks Department and Recreation and Parks Advisory Board
prior to submitting a final plat application.
40
J & D Family Major Subdivision – Findings of Fact and Order 19
13. That the existing Baxter Ditch situated at the southwest corner of the intersection North
Cottonwood Road and West Babcock Street (also jurisdictional wetlands #4) shall not be culverted
without proper permitting by the Army Corps of Engineers and Soil Conservation District. Should
the Army Corps and the Soil Conservation District determine that this section of Baxter Ditch may
not be culverted the final plat shall provide a 50-foot watercourse setback from the highwater mark
of the watercourse and any associated wetlands, unless a variance is granted by the City
Commission.
14. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light
locations and specifications shall be provided to the City Engineer for review and approval with the
public improvements plans and specifications. All street light poles shall be installed a minimum of
10’ from any water or sewer main or appurtenance.
15. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
16. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall cease.
17. Should any species of concern, as defined by the Montana Natural Heritage Program, be
discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and
the Montana Natural Heritage Program shall be contacted immediately and construction activities
shall cease.
18. Property owner’s association documents shall address the requirements for street trees, a City of
Bozeman planting permit for street trees and obtaining utility locates before any excavation begins
in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the
planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly
planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around
each newly planted boulevard tree.
19. Should the applicant propose subdivision perimeter fencing or fencing along the Baxter Creek
corridor, open space areas, or public rights of way the subdivider shall provide a subdivision
perimeter fencing plan to be implemented prior to final plat approval. The plan shall include plans
and specifications to fence the perimeter of the project including the northern boundary of the
right-of-way for Fallon Street, the southern boundary of the right of way of W. Babcock Street,
west boundary of the right of way for Cottonwood Road, and the perimeter of the open space areas
associated with the Baxter Creek corridor.
20. Fences located in the front, side or rear yard setback of properties adjacent to any park or open
space areas shall not exceed a maximum height of 4 feet, and shall be of an open construction
designed in a manner to be consistent along all park land and open space areas. This requirement
with appropriate exhibits of fence types shall be addressed and illustrated in the property owner’s
association documents.
21. The applicant shall ensure that all original tract(s) of record of this property that are or through the
phasing of this subdivision will become remainder tract(s) of less than 160 acres were not created
for purposes of transfer, and that no transfer or conveyance of said tracts will occur prior to filing
of a subdivision plat reviewed and approved by the City of Bozeman. The evidence shall be in a
41
J & D Family Major Subdivision – Findings of Fact and Order 20
written form to be filed with the final plat. An executed document shall be submitted with the final
plat. The tract(s) shall be legally described and the following statement shall be placed on the
tract(s):
“No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat
reviewed and approved by the City of Bozeman”.
22. The lot identified as Tract R-1 on the preliminary plat is considered a lot for further subdivision
and therefore shall be identified on the final plat as Lot R-1 with the restriction that no transfer or
development may occur without further subdivision review.
City Engineer’s Office:
23. The east half of Cottonwood Road including any required utility extensions shall be constructed
along the frontage of the subdivision including tapers meeting AASHTO requirements to transition
back to the existing road width. The typical section shall mirror the existing western half. All
improvements to Cottonwood Road except the lighting shall be completed in their entirety with
phase 1 of the development with the lighting to be completed in their entirely in phase two.
24. The south half of Babcock Street along with the required utility extensions shall be improved to the
45’ BC to BC Collector standard matching the section approved for the Norton Subdivision along
the entire frontage of the subdivision. Improvements to Babcock Street shall be completed from
Cottonwood to the western line of the common open space lot with phase 1 of the development.
25. Fallon Street and Automotive Avenue shall be improved to a local street standard along the entire
frontage of the subdivision. Fallon between Cottonwood and Automotive, and Automotive in its
entirety shall be constructed with phase 1 of the subdivision.
26. Access to the lots from Cottonwood and Babcock shall be limited in accordance with 18.44.090.D.
Full accesses on Babcock shall be spaced a minimum of 330’, and partial accesses 150’. Full
accesses on Cottonwood shall be spaced a minimum of 660’, and partial accesses 315’. Accesses
on either Babcock or Fallon shall be a minimum of 150’from Cottonwood. No access strips shall
be placed on the plat to delineate the acceptable areas for future access.
27. The water main in Babcock shall be a minimum of 12” diameter in accordance with the Water
Facility Plan.
Recreation and Parks Advisory Board:
28. That the applicant installs a Type II class east-west public trail and bridge cross Baxter Creek
connecting the commercial lots with residential development to the west. Final location and design
will be determined by the Coty of Bozeman Parks Department and the Recreation and Parks
Advisory Board with the final plat application, located within a 30-foot public access easement,
and comply with City of Bozeman Parks Division specifications and standards.
Gallatin Valley Land Trust:
29. Should the subdivider plan to install fencing along the east side of the Baxter Creek open space
corridor it is recommended that the alignment of the jogged lot line for Lot 3 and Lot 4 of Phase 2
be adjusted to create a straight line in order to broaden the greenway trail corridor along the
watercourse corridor.
Wetlands Review Board:
42
J & D Family Major Subdivision – Findings of Fact and Order 21
30. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction
of any bridges, platforms or boardwalks.
31. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating
irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species, and
limiting the use of rock in the bottom of the basins.
32. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction
of any platforms or boardwalks.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of these Findings by the City Commission,
by following the procedures of Section 76-3-625, M.C.A. The preliminary approval of this subdivision
shall be effective for three (3) years from the date of Preliminary Plat approval, or May 17, 2013. At
the end of this period the City Commission may, at the written request of the subdivider, extend its
approval as provided in the Bozeman Unified Development Ordinance for not more than one (1)
calendar year.
DATED this day of , 2010.
BOZEMAN CITY COMMISSION
JEFF KRAUSS, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________
Stacy Ulmen, City Clerk Greg Sullivan, City Attorney
43
44